The name Pablo Escobar may not be registered as an EU trade mark The public would associate that name with drug trafficking and narco-terrorism On 30 September 2021, Escobar Inc., established in Puerto Rico (United States), filed an application with the European Union Intellectual Property Office (EUIPO) for...

The freedom to provide services (article 56 TFEU), read in conjunction with the Collective Management Directive (2014) precludes legislation of a Member State which generally and absolutely excludes the possibility of independent management entities established in another Member State providing their copyright...

Harmonised toy safety standards are part of Union law by virtue of their legal effect - overriding public interest requires their disclosure. The Commission should have acknowledged, in the decision at issue, the existence of an overriding public interest, within the meaning of the last clause of Article 4(2) of...

Respondent is the operator of a hotel in Munich. On November 17th in 2019, an episode of the television series "Wickie und die starken Männer" broadcasted by a public television channel was shown on television sets in the rooms and the fitness area of her hotel. The television signal was simultaneously and unchanged...

Preliminary objections concerning competence of the Paris Local Division dismissed (Rule 19(1)(b) RoP, Article 33(1)(b) UPCA). The Claimant has demonstrated that one of the defendants is domiciled in France, that all the defendants have a commercial relationship and that the action relates to the same alleged...

Time period for lodging appeal against procedural order’ (Rule 220(2) RoP, Rule 224(1)(a) RoP)
If an appeal is lodged against a ‘procedural order’ under Rule 220(2) RoP and leave (i) is granted in the impugned order itself, the Statement of appeal must be lodged within 15 days of service of that order containing the...

Composition of the panel of the Court of Appeal. When an appeal does not concern a field of technology, the Court of Appeal does not have to assign technically qualified judges (in the field of technology concerned) (Article 9 UPCA). Public access to written pleadings and evidence (Article 45 UPCA, Rule 262 RoP). Appea...

If Rule 271(1) RoP – service of Statement of claim at an electronic address provided for service  – applied in the First Instance, it also applies in appeal. In appeal proceedings, Chapter 2 – Service (Rules 270 – 279) of the Rules of Procedure (RoP) applies mutatis mutandis. Consequently, if during the proceedings at...

Extension of deadline to file Statement of Defence with three weeks rejected (Rule 9(3) RoP). Deadline to submit a written submission should not be extended lightly and should only be granted in circumstances that justify such extension. Defendants have failed to substantiate – other than with a general reference to ...

No access to written report and any other outcome of the measures to inspect premises and to preserve evidence and revocation of the measures to preserve evidence because applicant did not timely start proceedings on the merits (Article 60(9) UPCA, Rule 198 RoP, Rule 9(4) RoP). Restitution of all evidence gathered...

As Assistant Professor in Intellectual Property Law you will be welcomed in the team dealing with international economic law, and more particular intellectual property law. The intellectual property team comprises five academics with scientific backgrounds in law, economics, business, and social sciences.

As team member...

Appeal and the appellant’s request to set aside the orders of the Court of First Instance to rectify the name of the defendant (“Juul Labs, Inc”) to read “Juul Labs International, Inc.” rejected [Rule 9 RoP]. If the claimant has not correctly named the defendant in the statement initiating the proceedings, the Court...

Confidentiality club membership rules are to balance (i) the right to have unlimited access to the file documents  against (ii) the interest to protect confidential information, on the facts of a particular case (Article 58 UPCA, Rule 262A RoP). Whereas certain guidelines how this balance can be struck may be developed...

Confidentiality club which with the consent of both parties does not include “one natural person from each party” (Article 58 UPCA, Rule 262A RoP). In view of all these facts, the Court notes that there is an agreement between the parties on the composition of the confidentiality club and that this proposal by the...

Party engaged interpreter (Article 51(2) UPCA, Rule 109(4)RoP). The aim of simultaneous interpreting is to enable parties who do not speak the language of the proceedings, or do not speak it well enough, to actively participate in the oral proceedings. The interpretation can be provided both into and from the language...

Determination of the judge-rapporteur to deal with the Preliminary objection in the main proceedings is a case management decision that must be reviewed by the panel at the request of the defendant (Rule 333(1) RoP). As a general principle, unless provided otherwise, a case management decision or order made by the...

Inadmissible appeal (Rule 220(2) RoP). Under Rule 220.2 RoP an appeal from an order without leave is inadmissible from the outset and, as such, cannot be withdrawn. 

Request for extension of time limit for filing Statement of defense by Laser Components because of coordination of a joint defence with intervening party Photon Wave dismissed (Rule 9(3) RoP, Rule 316A RoP). The plaintiff must not suffer from the procedural choices made by the defendant who has decided to call the...

Leave to amend case by adding new patent (Rule 263 RoP). The principle of due process requires that, where a new patent is added to an action already pending, the defendant should have the same time to respond to the new patent - and, where appropriate, to bring an action for revocation - as it would have had if a new...

Parties requested to comment on non-compliance with Rule 224.1(b) RoP, providing that a Statement of Appeal of an order has to be filed within 15 days of service of an order referred to in Rule 220.1(c) RoP. Under “Information about Appeal” the CFI has indicated that the decision could be appealed within two months of...